Delayed Treatment and Surveillance in a California Comp Case

[not2nv]

I was injured at work 5 1/2 years ago. I was lifting at work in California and hurt my back. My first surgery involved trimming the disc and bone. That made matters worse. The disc collapsed and led to another surgery. I was one of the first in my state to have disc replacement. The replacement gave no relief in pain. Everything stayed the same. Ive had a TON of other minor surgeries injections ect. My doc now thinks that the first doctor got a nerve that is causeing MAJOR cramping and the back pain I have. He now wants to put rods in my back to lock everything down. After saying yes to the new surgery comp said no. They now want me to see another doctor they picked. My attorney told me I have no choice but to see them. The problem is they made the appointment five months out! They said they have nothing sooner. Im now on my 3rd month of waiting. I found a PI on my street that followed my wife and I about 18 miles the other day. My wife was shocked to see he following us. I ended up following him,lol. I follwed him and until he knew I was on to him. I dont understand with all this proof of injury why they would do this. Do you think they spaced out my appointment for this reason? Between the first and second surgery I wanted to go back to work. I asked the doctor to give me a note for light duty. He didnt want to but ended up giving me one. It said I couldnt lift more then 20 lbs and would have to take a 15min break every two hours. I took it to my boss and told him I would sweep floors or whatever. They said no and to just go home. My report also says I can walk up to 2 miles if I push it without stopping. With this info what can they dig up on me? Heres the deal I LOVED my job and want to in time go back, if I can. I dont care about a settlement I just want my back fixed. If I go to their doc and he says theres nothing that can be done. Does it all end there? I have other doctors saying they can try other things. I want to try until nothing else can be tried or until Im better! Thanks for any bit of info. BTW please dont say ask your attorney. They never return calls. I would get a new one but after California reformed work comp no ones taking cases.

[deadlock]

Do you think they spaced out my appointment for this reason?

No. The Bureau of Workers Compensation select their own physicians to provide an assessment/evaluation. They may only see x number of WC patients. To wait for 5 months or more for an appointment is not unusual.

Your description of is not relevant. Why do you suspect a PI following you is related to your work? Even if someone followed you, it has no impact on your case at this time.

You injured your back at work. No question about it. You are receiving temporary disability. You have received medical care that has been paid by WC. The medical care includes surgeries and microsurgeries and pain management. There has been little improvement in 5 ½ years.

If I go to their doc and he says theres nothing that can be done. Does it all end there?

WC, on behalf of your employer, needs to determine your rehabilitation potential. You cannot go back to your previous work responsibilities. The assessment provides where you are now, where you might be following a rehabilitation program and potential permanent disability.
If the PI was hired, which I doubt they offer only a brief summary of your witnessed activity. So what? Medical professionals make the determinations such as lifts, stands, stoops,walks, on and on.

There is nothing your attorney can tell you about “if this, then that”. Not returning your calls saves you money at this time. Your attorney will be helpful in settlement negotiations.

[turbowray]

I was injured at work 5 1/2 years ago. I was lifting at work in California and hurt my back. My first surgery involved trimming the disc and bone. That made matters worse. The disc collapsed and led to another surgery. I was one of the first in my state to have disc replacement. The replacement gave no relief in pain. Everything stayed the same. Ive had a TON of other minor surgeries injections ect. My doc now thinks that the first doctor got a nerve that is causeing MAJOR cramping and the back pain I have. He now wants to put rods in my back to lock everything down. After saying yes to the new surgery comp said no. They now want me to see another doctor they picked. My attorney told me I have no choice but to see them. The problem is they made the appointment five months out! They said they have nothing sooner. Im now on my 3rd month of waiting. I found a PI on my street that followed my wife and I about 18 miles the other day. My wife was shocked to see he following us. I ended up following him,lol. I follwed him and until he knew I was on to him. I dont understand with all this proof of injury why they would do this. Do you think they spaced out my appointment for this reason? Between the first and second surgery I wanted to go back to work. I asked the doctor to give me a note for light duty. He didnt want to but ended up giving me one. It said I couldnt lift more then 20 lbs and would have to take a 15min break every two hours. I took it to my boss and told him I would sweep floors or whatever. They said no and to just go home. My report also says I can walk up to 2 miles if I push it without stopping. With this info what can they dig up on me? Heres the deal I LOVED my job and want to in time go back, if I can. I dont care about a settlement I just want my back fixed. If I go to their doc and he says theres nothing that can be done. Does it all end there? I have other doctors saying they can try other things. I want to try until nothing else can be tried or until Im better! Thanks for any bit of info. BTW please dont say ask your attorney. They never return calls. I would get a new one but after California reformed work comp no ones taking cases.

It may be that this surgery is very expensive, and they want a second opinion, it is thier right, just the same as if you didn't like what your doctor was saying, you could get one. IF they hired a private investigater, his job would be to see if you are doing anything you swear that you can't do. If they saw you doing something like that, then the answer would definately be no on surgery, and could even effect the payout of the settlement, etc. Some companies do this when the injury costs them so much money, they have nothing to loose, and if you are not lying on anything, then let them do it, it would only make your case stronger, because they would see your limitations obviously. I don't know if I heard wrong, but I have heard of someone getting a 3rd opinion. Thier doctors, the workers comp doctor, and another doctor of thier choice, that has not seen you to make an unbiased decision. Good luck to you!!

[not2nv]

Thanks for the info guys.
The wife and I had a run in with the PI again. He was parked on my street again. We saw him right away. He followed us again. This time I went about nine miles in a circle back to my house. He followed us the full way staying back aways. We ended up meeting on my street face to face. We gave him a wave, I then lost him. Im not doing anything that I shouldnt but its buggin me that someone is always watching us/or me. Cant I just call the cops when I see him again? Isnt this harassment?

[turbowray]

Thanks for the info guys.
The wife and I had a run in with the PI again. He was parked on my street again. We saw him right away. He followed us again. This time I went about nine miles in a circle back to my house. He followed us the full way staying back aways. We ended up meeting on my street face to face. We gave him a wave, I then lost him. Im not doing anything that I shouldnt but its buggin me that someone is always watching us/or me. Cant I just call the cops when I see him again? Isnt this harassment?

Sure, since you do not know for a fact that it is a PI following you, you can call the police and say, this guy has been following me, I have tried to shake him for the last 9 miles, but he won't give up, and I am scared. See what happens. Maybe you could contact a workers comp attorney, and ask the question "when is it thier job, and when is it stalking".